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HomeMy WebLinkAboutCT 2021-0002; RREG Investments Series LLC; 2023-0159683; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2023-0159683 111111111111 lllll 111111111111111 lllll lllll lllll lllll 1111111111 11111111 Jun 20, 2023 10:42 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins. $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-240-13-00, 204-240-14-00 PROJECT ID: CT 2021-0002 .:)~~ PROJECT NAME: Garfield Beach Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 538-2) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged , 1/(We) RREG INVESTMENTS SERIES, LLC. Series 1040, a Delaware limited liability company, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement 1 Q:\CED\Admin\B&AIPROJECTSICT 2021-0002: ROW2022-0382: GR2022-0024 -Garfield Beach Homes A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 - to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein . Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill 2 Q:ICED\AdmlnlB&AIPROJECTSICT 2021-0002; ROW2022-0382; GR2022-0024 -Garfield Beach Homes A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this Y-. day of MKi , 20}i. APPROVED AS TO FORM : CINDIE MCMAHON City Attorney By: KJa&tGdr Senior Assistant City Attorney City of Carlsbad OWNER(S) RREG INVESTMENTS SERIES, LLC., SERIES 1040, a Delaware limited liability company By: By: Rincon Capital Group LLC. Its sole member Kevin Dunn -President (print name and title) Date: .,;--(,1 ).,_.-.l l (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 Q:ICED\Admin\B&A\PROJECTS\CT 2021-0002; ROW2022-0382; GR2022-0024 -Garfield Beach Homes_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN 204-240-1 4-00 LOT 6 AND THE SOUTHEASTERLY 5 FEET OF LOT 5 IN BLOCK O OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 05, 1923. ALSO ALL OF LOT 10 IN BLOCK Q OF PALISADES NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. EXCEPTING FROM SAID LOT 10 THE NORTHWESTERLY 253.77 FEET THEREOF. PARCEL B: APN 204-240-13-00 THE SOUTHEASTERLY 2.5 FEET OF LOT 4 AND ALL OF LOT 5, EXCEPTING THE SOUTHEASTERLY 5 FEET THEREOF, IN BLOCK Q OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 05, 1923. ALSO THE SOUTHEASTERLY 47.30 FEET OF THE NORTHWESTERLY 253.77 FEET OF LOT 10 IN BLOCK Q OF PALISADES NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. CALIFORNIA ACKNOWLEDGMENT HW W BBBBBBB u .... [ lffl011ti i i i i [ CIVIL CODE§ 1189 -.. ....___ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California \""\ } County of StAiY\. 'J\ -e-~o 011 fh"-\[ 6 L QA)-~ before me, t:> 0-✓~ las ~~~J lnS, N'~ v'ibl,l l Date V. . ~ Here Insert Nameai d Title of the Officer personally appeared ~eAC m ' /Uhl' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-1 whose name(s) ls/~ubscrlbed to the within Instrument and acknowledged to me that he/~y executed the same In h~lr authorized capacltyM and that by hls/~r slgnature('S)' on the Instrument the person(* or the entity upon behalf of which the person(et-acted, exec uted the Instrument. r .............. v. ...................................................................... ~ Q DOUGLAS DESJARDINS ~ N COMM. #2319380 -i ~ NOTARY PUBLIC • CALIFORNIA ~ 1-SAN DIEGO COUNTY .., ~ Commission Expires Jan 19, 2~.!J .,,,.,,,..,.,,...,.,.,,,_._y.•.v.-N.-.w.rvv.v.~,.........,,. .. w. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and offtclal seal. "'"""" D~D~ Signatur~c OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Descrlptlon of Attached Document Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: _______________________ _ Capaclty(les) Clalmed by Slgner(s) Signer's Name: Signer's Name: o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:ICED\AdmlnlB&AIPROJECTSICT 2021-0002; ROW2022-0382: GR2022.Q024 -Garfield Beach Homes A.McL\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 -